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South Africa Case Law

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Civil Procedure [2022] ZAKZDHC 18

Mtabalasi Transport CC v Shikani Trading CC and Others (7168/2017)

Mtabalasi Transport CC v Shikani Trading CC and Others (7168/2017) [2022] ZAKZDHC 18 (25 April 2022)

The High Court confirmed a rule nisi preserving disputed project funds in a bank account, dismissed the discharge application, and ordered each side to bear its own costs.

  • Interim Interdict
  • Joint Venture Agreement
  • Proprietary Rights
  • Balance Of Convenience
  • Misjoinder
  • Irreparable Harm
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Land And Property [2018] ZAGPPHC 521

Striving Mind Trading 960 CC v Mabelane and Others (20297/17)

Striving Mind Trading 960 CC v Mabelane and Others (20297/17) [2018] ZAGPPHC 521 (4 July 2018)

The High Court granted a final interdict protecting the applicant’s rights to Erf 347, holding that PIE did not apply to the vacant land used as a playground.

  • Final Interdict
  • Proprietary Rights
  • Unlawful Occupation
  • Children's Act Partial Care
  • Prevention Of Illegal Eviction Act
  • Final-interdict
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Civil Procedure [2015] ZAGPPHC 463

South African National Roads Agency Ltd v Numeria Trading Pty Ltd and Others (27873/12)

South African National Roads Agency Ltd v Numeria Trading Pty Ltd and Others (27873/12) [2015] ZAGPPHC 463 (22 June 2015)

The High Court upheld a non-joinder point in a stormwater dispute, finding the township’s individual owners had to be joined because the relief would affect their property rights.

  • Joinder Of Parties
  • Stormwater Management
  • Proprietary Rights
  • Township Development
  • Joinder-of-parties
  • Stormwater-management
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Land And Property [2009] ZASCA 122

Du Rand NO v Faerie Glen Renaissance Scheme (302/08)

Du Rand NO v Faerie Glen Renaissance Scheme (302/08) [2009] ZASCA 122; [2010] 1 All SA 383 (SCA) (28 September 2009)

The Supreme Court of Appeal held that the retirement-housing legislation already applied to the scheme, so the rule amendments did not harm the appellants’ proprietary rights.

  • Sectional Titles Act
  • Housing Development Schemes For Retired Persons Act
  • Management Rules Amendment
  • Proprietary Rights
  • Unanimous Resolution
  • Retirement Village Regulation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.